SCHEDULES
F3C5SCHEDULE 1 Pensions and other benefits
Sch. 1 (as substituted by 1993 c. 8) extended (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 para.7
Sch. 1 (as substituted by 1993 c. 8) modified (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 paras.8, 9(5)
Sch. 1 (as substituted by 1993 c. 8): power to modify conferred (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 para. 9(2)
Sch. 1 (as substituted by 1993 C. 8): functions transferred (1.4.1995) by 1995/269, art. 3, Sch. para. 3
Persons taking office after the appointed day
C11
A person who first holds office as the Commissioner on or after the appointed day shall be entitled, if he was a member of a judicial pension scheme immediately before he first holds that office, to elect between—
a
the scheme of pensions and other benefits under that judicial pension scheme (his “former scheme”);
b
(if different from his former scheme) the scheme of pensions and other benefits constituted by Part I of the 1993 Act (“the 1993 scheme”); and
c
the scheme of pensions and other benefits applicable under section 1 of the Superannuation Act 1972 to the civil service of the State (“the civil service scheme”);
and, if he is not entitled to make an election under this paragraph, or if he is so entitled but fails to make such an election, he shall be treated as if he had been so entitled and had elected for the civil service scheme.
Transitional provision for persons appointed before the appointed day
C22
1
If a person who held the office of Commissioner before the appointed day has made an election under the former enactments for the old judicial scheme, he shall be entitled to make an election under this sub-paragraph between—
a
the old judicial scheme; and
b
the 1993 scheme;
and, if he fails to make an election under this sub-paragraph, he shall be taken to have elected for the old judicial scheme.
2
If a person who held the office of Commissioner before the appointed day—
a
has made an election under the former enactments for the civil service scheme, or
b
has failed to make an election under those enactments (so that he is taken to have elected for the civil service scheme),
he shall be treated as if he had been entitled to make an election under this Schedule and had elected for the civil service scheme.
Effect of election to continue in former scheme
3
Where a person elects under this Schedule for his former scheme, that scheme shall, subject to regulations under this Schedule, apply as if his service as Commissioner were service which was subject, in his case, to that scheme.
Effect of election for the 1993 scheme
C34
1
A person who elects under paragraph 1(b) or 2(1)(b) above for the 1993 scheme, shall be entitled, when he ceases to hold office as Commissioner, to a pension under Part I of the 1993 Act at the appropriate annual rate (within the meaning of that Act) if he has held that office for at least 5 years and either—
a
he has attained the age of 65; or
b
he is disabled by permanent infirmity for the performance of the duties of the office;
and, subject to the following provisions of, and regulations under, this Schedule, the provisions of Part I of that Act (other than sections 1(1) to (4) and 2) and of sections 19, 20 and 23 of, and Schedule 2 to, that Act (which provide for benefits in respect of earnings in excess of pension-capped salary, appeals and transfer of accrued rights) shall apply in relation to him and his service in the office of Commissioner as they apply in relation to a person to whom Part I of that Act applies.
2
Subject to regulations under this Schedule, in the application of provisions of the 1993 Act by virtue of sub-paragraph (1) above, a person who elects for the 1993 scheme shall be treated—
a
as if the office of Commissioner were a qualifying judicial office (within the meaning of that Act) by virtue of inclusion among the offices specified in Part I of Schedule 1 to that Act;
b
as if his election under this Schedule were an election such as is mentioned in paragraph (d) of section 1(1) of that Act (so that, in particular, section 12 of that Act, which provides for the transfer of accrued rights into the scheme, applies);
c
as if his pension by virtue of this Schedule were a pension under section 2 of that Act (and, accordingly, a judicial pension, within the meaning of that Act); and
d
for the purpose of determining, in the event of his death, the rate of any surviving spouse’s or children’s pension payable under sections 5 to 8 of that Act in respect of his service as Commissioner, as if references in those sections to the annual rate of the deceased’s judicial pension were references—
i
where a pension had commenced to be paid to him by virtue of sub-paragraph (1) above, to the appropriate annual rate of that pension; or
ii
where no such pension had commenced to be paid to him, to the rate that would have been the appropriate annual rate of the pension payable to him by virtue of sub-paragraph (1)(b) above, had he not died, but been disabled by permanent infirmity for the performance of the duties of his office on and after the date of death;
and, in the application of that Act to the Commissioner (whether by virtue of paragraph 1(a) or (b) or 2(1)(b) above) the references to the appropriate Minister in sections 13 (election for personal pension), 19 (benefits in respect of earnings in excess of pension-capped salary) and 20 (appeals) of, and Schedule 2 (transfer of accrued rights) to, that Act shall be taken as references to the Treasury and the power conferred by paragraph 2 of that Schedule to make regulations shall be exercisable by the Treasury.
Effect of election for, or to continue in, the civil service scheme
5
Where a person elects under this Schedule for the civil service scheme, the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall, subject to regulations under this Schedule, apply as if his service as Commissioner were service in employment in the civil service of the State.
Effect of election to continue in the old judicial scheme
6
Where a person elects under this Schedule for the old judicial scheme, that scheme and the former enactments shall, subject to regulations under this Schedule, continue to have effect in relation to him and his service in the office of Commissioner.
Time for, and manner of, election
7
Any power to make an election under this Schedule shall be exercisable within such time and in such manner as may be prescribed in regulations under this Schedule.
Regulations
C48
1
The Treasury may make regulations for purposes supplementary to the other provisions of this Schedule.
2
Any such regulations may, without prejudice to section 38 or 39A of the Superannuation Act 1965 (employment in more than one public office), make special provision with respect to the pensions and other benefits payable to or in respect of a person to whom—
a
his former scheme,
b
the 1993 scheme,
c
the civil service scheme, or
d
the old judicial scheme,
applies, or has applied, in respect of any service other than service as Commissioner.
3
The provision that may be made by virtue of sub-paragraph (2) above includes provision—
a
for aggregating—
i
other service falling within his former scheme, the 1993 scheme or the old judicial scheme with service as Commissioner, or
ii
service as Commissioner with such other service,
for the purpose of determining qualification for, or entitlement to, or the amount of, benefit under the scheme in question;
b
for increasing the amount of the benefit payable under any of the schemes mentioned in paragraph (a)(i) above, in the case of a person to whom that scheme applied in respect of an office held by him before appointment as Commissioner, up to the amount that would have been payable under that scheme if he had retired from that office on the ground of permanent infirmity immediately before his appointment.
4
Any statutory instrument made by virtue of this Schedule shall be subject to annulment in pursuance of a resolution of the House of Commons.
Pensions and benefits to be charged on the Consolidated Fund
9
Any pension or other benefit granted by virtue of this Schedule shall be charged on, and issued out of, the Consolidated Fund.
Interpretation
10
In this Schedule—
“the 1981 Act” means the Judicial Pensions Act 1981;
“the 1993 Act” means the Judicial Pensions and Retirement Act 1993;
“the appointed day” means the day on which Part II of Schedule 4 to the 1993 Act comes into force;
“the former enactments” means Schedule 1 to this Act, as it had effect from time to time before the appointed day;
“judicial pension scheme” means any public service pension scheme, as defined in—
- a
F1section 1 of the Pension Schemes Act 1993, or
- b
F2section 1 of the Pension Schemes (Northern Ireland) Act 1993,
under which pensions and other benefits are payable in respect of service in one or more qualifying judicial offices, within the meaning of the 1993 Act, but does not include the civil service scheme;
- a
“the old judicial scheme” means the statutory scheme of pensions and other benefits applicable under or by virtue of the 1981 Act to the judicial offices listed in section 1 of that Act.
F18X1F19C14SCHEDULE 2 Departments Etc. Subject to Investigation
Sch. 2: due to the large number of entries contained in Sch. 2 and the frequency with which it has been amended, no separate versions are retained in respect of amendments coming into force after 25.11.2002 or which are not yet in force. Historic information relating to all such amendments is reflected in the current version (except that text replaced by substituted words or entries is not reproduced in the current version but is preserved in preceding versions).
Sch. 2 substituted (14.3.2005) by The Parliamentary Commissioner Order 2005 (S. I. 2005/249), art. 2, Sch. 1
Sch. 2 substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 1(2), Sch. 1
Sch. 2 amended (6.11.2000) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 10; S.I. 2000/2957, art. 2(1), Sch. 1
F139Adult Learning Inspectorate
F21Advisory Committee on Novel Foods and Processes
Advisory, Conciliation and Arbitration Service.
F141Advisory Council on Historical Manuscripts
F142Advisory Council on National Records and Archives
F21Advisory Council on Public Records
F21Agricultural Dwelling House Advisory Committees
F22Agricultural Wages Board for England and Wales
Agricultural wages committees.
F23Ministry of Agriculture, Fisheries and Food
F22Alcohol Education and Research Council
F24Arts Council of England
F25Arts Council of Wales (Cyngor Celfyddydau Cymru)
F144Arts Council of Great Britain.F26Scottish Arts Council
F27Director of the Assets Recovery Agency.
F145The Arts and Humanities Research Council.
F21Authorised Conveyancing Practitioners Board
F21Boundary Commission for Northern Ireland
F22Britain-Russia Centre and the British East-West Centre
F22British Association for Central and Eastern Europe
British Council.
F21British Educational Communications and Technology Agency
F21British Hallmaking Council
British Library Board.
F21British Museum
F21British Potato Council
F21British Tourist Authority
F28Building Societies Commission.
F22Cabinet Office
Central Police Training and Development Authority
Certification Officer.
F31F30Central Statistical Office of the Chancellor of the Exchequer
Charity Commission.
F31Children and Family Court Advisory and Support Service.
F21Civil Aviation Authority
F21Civil Justice Council
F147Civil Service Commission.F149Commission for Healthcare Audit and Inspection.
F34The Commission for Patient and Public Involvement in Health.
F151Commission for Social Care Inspection.
F35
F152Commissioner for Protection Against Unlawful Industrial ActionF21Committee for Monitoring Agreements on Tobacco Advertising and Sponsorship
F21Committee on Standards in Public Life
F36Commonwealth InstituteF21Commonwealth Scholarship Commission in the United Kingdom
F21Community Development Foundation
F22Competition Commission
F156F21 Consumers’ Committee for Great Britain under the Agricultural Marketing Act 1958F37Coal Authority.
Co-operative Development Agency.
F38Countryside Agency
F39Countryside Commission for Scotland
F40Countryside Council for Wales.
F157Crafts Council.F41Crofters Commission
Crown Estate Office.
F42Department for Culture, Media, and Sport.
Customs and Excise.
F45Deer Commission for Scotland
Ministry of Defence.
F21Design Council
Development Commission.
F46 Disability Rights Commission
F158Disabled Persons Transport Advisory Committee
F47United Kingdom Ecolabelling Board
F48The Department for Education and Employment.
F49Education Assets Board.
F50Department for Education
F51 Department for Education and Skills
Central Bureau for Educational Visits and Exchanges.
F52Electoral Commission.
F55Department of Employment
F56Department of Energy
F57Department of the Environment
F58 Department for Environment, Food and Rural Affairs
F59Department for Transport
F60Department for Work and Pensions
F61English National Board for Nursing, Midwifery and Health Visiting
F62English Nature
F63F64The Department of the Environment, Transport and the Regions.
F65Environment Agency
F65Scottish Environment Protection Agency
Equal Opportunities Commission.
Export Credits Guarantee Department.
F66Office of the Director General of Fair Trading.British Film Institute.
F21Fleet Air Arm Museum
F21Food from Britain
F67Food Standards Agency
F21Football Licensing Authority
Foreign and Commonwealth Office.
Forestry Commission.
F28Registry of Friendly Societies.
F22Gaming Board for Great Britain
F162Gangmasters Licensing Authority
F69Gas and Electricity Consumer Council.
F69Gas and Electricity Markets Authority.
F53Office of the Director General of Gas Supply.
F21Geffrye Museum
F21Gene Therapy Advisory Committee
F70General Social Care Council.
F20General Teaching Council for Scotland
F163Government Actuary’s Department.
F71Department of Health.
F164Health Protection Agency.
Health and Safety Commission.
Health and Safety Executive.
. . . F72
F73Highlands and Islands Development Board
F21Higher Education Funding Council for England
Historic Buildings and Monuments Commission for England.
F21Historic Royal Palaces
F21Home-Grown Cereals Authority
Home Office.
F21Horniman Museum and Gardens
F165Horserace Betting Levy Board.F21Horticultural Development Council
Housing Corporation.
F74Housing for Wales
F75Human Fertilisation and Embryology Authority.
F76The Immigration Services Commissioner
F21Imperial War Museum
F166The Independent Regulator of NHS Foundation Trusts.
Central Office of Information.
F77Information Commissioner.
Inland Revenue.
F78Department for International Developement.
F79 Intervention Board for Agricultural Produce.
F21Investors in People UK
F21Joint Nature Conservation Committee
Land Registry.
F167Learning and Skills Council for England
F80Legal Aid Board
F81Scottish Legal Aid Board.
F82Legal Services Commission
F83The Legal Services Complaints Commissioner
The following general lighthouse authorities—
(a) the Corporation of the Trinity House of Deptford Strond;
(b) the Commissioners of Northern Lighthouses.
F20Local Government Boundary Commission for Scotland
F21
F170 Lord Chancellor’s Advisory Committee on Legal Education and ConductF171The Department for Constitutional Affairs
Lord President of the Council’s Office.
. . . F85
. . . F86
F21Marshall Aid Commemoration Commission
F21Meat and Livestock Commission
F87Medical Practices Committee.
F88Scottish Medical Practices Committee.
F21Medical Workforce Standing Advisory Committee
F53F21Merseyside and North Wales Region Electricity Consumers’ Committee
F21Milk Development Council
F21Millennium Commission
F89Monopolies and Mergers Commission
F172Museums and Galleries Commission.F21Museum of London
F21Museum of Science and Industry in Manchester
F21National Army Museum
F21National Biological Standards Board (UK)
F174The National Community Forum
F21National Consumer Council
National Debt Office.
F21National Employers’ Liaison Committee
F21National Endowment for Science, Technology and the Arts
F21National Forest Company
F20National Galleries of Scotland
F21National Gallery
F20National Library of Scotland
F20National Museums of Scotland
F91National Rivers Authority
F92Department of National Heritage.
Trustees of the National Heritage Memorial Fund.
F93Office of the Director General of the National Lottery
F94National Lottery Commission
F21National Lottery Charities Board
F176Department for National Savings.F95Scottish Natural Heritage.
F21National Maritime Museum
F21National Museum of Science and Industry
F21National Museums and Galleries on Merseyside
F21National Portrait Gallery
F21National Radiological Protection Board
F21Natural History Museum
Nature Conservancy Council.
F98Nature Conservancy Council for Scotland
F21New Millennium Experience Company Ltd
F21New Opportunities Fund
Commission for the New Towns.
F177Development corporations for new towns.F53F22North of Scotland Region Electricity Consumers’ Committee
Northern Ireland Court Service.
F21Northern Ireland Human Rights Commission
F178The Northern Ireland Legal Services Commission
Northern Ireland Office.
F99Northern Ireland Policing Board
F179Nuclear Decommissioning Authority.
F100The Occupational Pensions Regulatory Authority
F21Oil and Pipelines Agency
F181The Office of Communications
F21Parole Board
F20Parole Board for Scotland
F101The Pensions Compensation Board
Ordnance Survey.
F30Office of Population Censuses and Surveys
F102Consumer Council for Postal Services
F103Police Information Technology Organisation
F105Postal Services Commission
F21Probation Board for Northern Ireland
Registrar of Public Lending Right.
Public Record Office.
F106 Office of Fair Trading
F109The International Rail Regulator.
Scottish Record Office.
Commission for Racial Equality.
F112Rail Passengers’ Committees.
F112Rail Passengers’ Council.
F29F21Rail Users’ Consultative Committee for Eastern England
F29F21Rail Users’ Consultative Committee for North Eastern England
F29F21Rail Users’ Consultative Committee for North Western England
F29F21Rail Users’ Consultative Committee for Southern England
F29F21Rail Users’ Consultative Committee for Western England
F21Remploy Ltd
F113Red Deer Commission
F88Department of the Registers of Scotland
F88General Register Office, Scotland
F114Agriculture and Food Research Council
F24Biotechnology and Biological Sciences Research Council
F24Council for the Central Laboratory of Research Councils
Economic and Social Research Council.
F24Engineering and Physical Sciences Research Council
Medical Research Council.
Natural Environment Research Council.
F24Particle Physics and Astronomy Research Council
F115Science and Engineering Research Council
F116The International Rail Regulator
F117Regional development agencies
F118(other than the London Development Agency)
F187Office of the Regulator of Community Interest Companies.
Residuary Bodies.
F188Resource: The Council for Museums, Archives and Libraries
F21Reviewing Committee on the Export of Works of Art
F119Office of the Commissioner for the Rights of Trade Union Members
F21Royal Air Force Museum
F21Royal Armouries Museum
F20Royal Botanic Garden, Edinburgh
F21Royal Botanic Gardens, Kew
F21 Royal Commission on Historical Manuscripts
F20Royal Commission on the Ancient and Historical Monuments of Scotland
F21Royal Commission on the Historical Monuments of England
F21Royal Marines Museum
Royal Mint.
F21Royal Naval Museum
F21Royal Navy Submarine Museum
F120Office of Her Majesty’s Chief Inspector of Schools in Wales.
F21Scientific Committee on Tobacco and Health
F20Scottish Agricultural Wages Board
F20Scottish Children’s Reporter Administration
F20Scottish Community Education Council
F20Scottish Consultative Council on the Curriculum
F20Scottish Council for Educational Technology
F88Scottish Courts Administration.
F121Scottish Environmental Protection Agency
F20Scottish Further Education Funding Council
F20Scottish Further Education Unit
F20Scottish Higher Education Funding Council
F122Scottish Homes.
Scottish Office.
F20Scottish Qualifications Authority
F20Scottish Screen Ltd
F20Scottish Studentship Selection Committee
F20Scottish Water and Sewerage Customers’ Council
F21Sea Fish Industry Authority
F123Office of the Secretary of State for Scotland
F189Sector Skills Development Agency
F190Security Industry Authority.
F124The Service Authority for the National Crime Squad.
F124The Service Authority for the National Criminal Intelligence Service.
F21Sir John Soane’s Museum
F191Council for Small Industries in Rural Areas.F71Department of Social Security.
F192Central Council for Education and Training in Social Work.F53F21South of Scotland Region Electricity Consumers’ Committee
F193Sports Council.F125English Sports Council
Scottish Sports Council.
F125United Kingdom Sports Council.
F126Sports Council for Wales.
F127
F194The Staff Commission for Wales (Comisiwn Staff Cymru).F128Standards Board for England.
F21Standing Dental Advisory Committee
F21Standing Medical Advisory Committee
F21Standing Nursing and Midwifery Advisory Committee
F21Standing Pharmaceutical Advisory Committee
F195Her Majesty’s Stationery Office
F129Strategic Rail Authority.
F130 The Office for National Statistics.
F21Tate Gallery
F21Teacher Training Agency
F196Office of the Director General of Telecommunications.F21The Great Britain-China Centre
English Tourist Board.
F88Scottish Tourist Board.
F126Wales Tourist Board
Board of Trade.
Department of Trade and Industry.
F198Agricultural Training Board.F199Clothing and Allied Products Industry Training Board.Construction Industry Training Board.
F200Engineering Construction Industry Training Board
F201Hotel and Catering Industry Training Board.F202Plastics Processing Industry Training Board.F203Road Transport Industry Training Board.. . . F131
F57Department of Transport, Local Government and the Regions
F21Treasure Valuation Committee
Treasury.
Treasury Solicitor.
F21United Kingdom Atomic Energy Authority
F205UK Film Council
F21United Kingdom Xenotransplantation Interim Regulatory Authority
F21Unrelated Live Transplant Regulatory Authority
Urban development corporations F133established for urban development areas wholly in England.
F134Urban Regeneration Agency.
F207Valuation Tribunal Service.
F21Victoria and Albert Museum
F135Development Board for Rural Wales
F21Wallace Collection
F21War Pensions Committees
F136Office of the Director General of Water Services.
F137Bwrdd yr Iaith Gymraeg (Welsh Language Board)
F208Wales Office
F21Westminster Foundation for Democracy
F21Wine Standards Board of the Vintners’ Company
F21Women’s National Commission
F138Youth Justice Board
F22Youth Justice Board for England and Wales
NOTES
F210A1
In the case of the Director of the Assets Recovery Agency an investigation under this Act may be conducted only in respect of the exercise of functions vested in him by virtue of a notice served on the Commissioners of Inland Revenue under section 317(2), 321(2) or 322(2) of the Proceeds of Crime Act 2002 (Inland Revenue functions).
A2
The reference to the Department for Constitutional Affairs includes the Lord Chancellor’s Department and the Public Trustee
1
The reference to the Ministry of Defence includes the Defence Council, the Admiralty Board, the Army Board and the Air Force Board.
F2191A
The reference to the Environment Agency is a reference to that Agency in relation to all its functions other than its flood defence functions, within the meaning of the M3Water Resources Act 1991 F220; and no investigation under this Act shall be conducted in respect of any action in connection with functions of the Environment Agency in relation to Wales (within the meaning of the Government of Wales Act 1998)..
F2211B
In the case of the Forestry Commission no investigation under this Act shall be conducted in respect of any action in connection with functions of the Forestry Commissioners in relation to Wales (within the meaning of the Government of Wales Act 1998).
F2112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In the case of the Corporation of the Trinity House of Deptford Strond an investigation under this Act may only be conducted in respect of action in connection with their functions as a general lighthouse authority.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The reference to the Lord President of the Council’s Office F213. . . does not include the Privy Council Office.
F2146
The reference to the Cabinet Office does not include any of the Secretariats, the Joint Intelligence Organisation or the office of the Secretary of the Cabinet and Head of the Home Civil Service, but includes the executive agencies of the Cabinet Office and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for the service of the Cabinet Office, and the reference to the Treasury includes its subordinate departments and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for the service of the Treasury.
7
In the case of the Commission for the New Towns F215or a development corporation for a new town, no investigation shall be conducted under this Act in respect of any action in connection with functions in relation to housing.
8
The reference to the Treasury Solicitor does not include a reference to Her Majesty’s Procurator General.
8A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
In the case of an urban development corporation no investigation under this Act shall be conducted in respect of any action in connection with functions in relation to town and country planning.
10
In relation to any function exercised on behalf of the Crown by a department or authority to which this Act applies which was previously exercisable on behalf of the Crown by a department or authority to which this Act does not apply, the reference to the department or authority to which this Act applies includes a reference to the other department or authority if the other department or authority—
a
ceased to exercise the function before the commencement of this Act; or
b
where it exercised the function after the commencement of this Act, only did so when it was a department or authority to which this Act applied.
F21811
In the case of the Urban Regeneration Agency no investigation under this Act shall be conducted in respect of any action in connection with functions in relation to town and country planning.
13
In the case of the Government Actuary’s Department an investigation may be conducted under this Act only in respect of the giving of advice by the Government Actuary’s Department on or before 26 April 2001 relating to the exercise of functions under-
a
Part 2 of the Insurance Companies Act 1982 F222, or
b
any other enactment relating to the regulation of insurance companies within the meaning of that Act.
SCHEDULE 3 Matters not subject to investigation
1
Action taken in matters certified by a Secretary of State or other Minister of the Crown to affect relations or dealings between the Government of the United Kingdom and any other Government or any international organisation of States or Governments.
2
Action taken, in any country or territory outside the United Kingdom, by or on behalf of any officer representing or acting under the authority of Her Majesty in respect of the United Kingdom, or any other officer of the Government of the United Kingdom F223other than action which is taken by an officer (not being an honorary consular officer) in the exercise of a consular function on behalf of the government of the United Kingdom . . . F224.
3
Action taken in connection with the administration of the government of any country or territory outside the United Kingdom which forms part of Her Majesty’s dominions or in which Her Majesty has jurisdiction.
F4C64
Action taken by the Secretary of State under the Extradition Act 2003.
C75
Action taken by or with the authority of the Secretary of State for the purposes of investigating crime or of protecting the security of the State, including action so taken with respect to passports.
6
F56A
Action taken by any person appointed by the Lord Chancellor as a member of the administrative staff of any court or tribunal, so far as that action is taken at the direction, or on the authority (whether express or implied), of any person acting in a judicial capacity or in his capacity as a member of the tribunal.
F66B
1
Action taken by any member of the administrative staff of a relevant tribunal, so far as that action is taken at the direction, or on the authority (whether express or implied), of any person acting in his capacity as a member of the tribunal.
C82
In this paragraph, “relevant tribunal” has the meaning given by section 5(8) of this Act.
F2316C
Action taken by any person appointed under section 5(3)(c) of the Criminal Injuries Compensation Act 1995, so far as that action is taken at the direction, or on the authority (whether express or implied), of any person acting in his capacity as an adjudicator appointed under section 5 of that Act to determine appeals.
C9C107
Any exercise of the prerogative of mercy or of the power of a Secretary of State to make a reference in respect of any person to F7. . . the High Court of Justiciary or the Courts-Martial Appeal Court.
C118
F81
Action taken on behalf of the Minister of Health or the Secretary of State by F9a Strategic Health Authority,F10a Health Authority, a Primary Care Trust, a Special Health AuthorityF225except the Rampton Hospital Review BoardF226 . . . F227 the Rampton Hospital Board, F228the Broadmoor Hospital Board or the Moss Side and Park Lane Hospitals Board,F229. . . a Health Board or the Common Services Agency for the Scottish Health ServiceF230by the Dental Practice Board or the Scottish Dental Practice Board, or by the Public Health Laboratory Service Board.
F112
For the purposes of this paragraph, action taken by a F12Strategic Health Authority, Health Authority, Special Health Authority or Primary Care Trust in the exercise of functions of the Secretary of State shall be regarded as action taken on his behalf.
C129
Action taken in matters relating to contractual or other commercial transactions, whether within the United Kingdom or elsewhere, being transactions of a government department or authority to which this Act applies or of any such authority or body as is mentioned in paragraph (a) or (b) of subsection (1) of section 6 of this Act and not being transactions for or relating to—
a
the acquisition of land compulsorily or in circumstances in which it could be acquired compulsorily;
b
the disposal as surplus of land acquired compulsorily or in such circumstances as aforesaid.
C1310
F131
Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters, in relation to—
a
service in any of the armed forces of the Crown, including reserve and auxiliary and cadet forces;
b
service in any office or employment under the Crown or under any authority F14to which this Act applies; or
c
service in any office or employment, or under any contract for services, in respect of which power to take action, or to determine or approve the action to be taken, in such matters is vested in Her Majesty, any Minister of the Crown or any such authority as aforesaid.
F152
Sub-paragraph (1)(c) above shall not apply to any action (not otherwise excluded from investigation by this Schedule) which is taken by the Secretary of State in connection with:—
a
the provision of information relating to the terms and conditions of any employment covered by an agreement entered into by him under section 12(1) of the M2Overseas Development and Co-operation Act 1980 F16or pursuant to the exercise of his powers under Part I of the International Development Act 2002 or
b
the provision of any allowance, grant or supplement or any benefit (other than those relating to superannuation) arising from the designation of any person in accordance with such an agreement.
11
The grant of honours, awards or privileges within the gift of the Crown, including the grant of Royal Charters.
F1712
1
Action not otherwise within this Schedule which is taken in the course of administrative functions exercised at the direction, or on the authority (whether express or implied), of a judge of any court established under the law of England and Wales or Northern Ireland.
2
In this paragraph “judge” includes—
a
a person appointed under section 89 of, and Part 2 or 3 of Schedule 2 to, the Supreme Court Act 1981, and
b
a Master or District Judge appointed under section 70 of, and Schedule 3 to, the Judicature (Northern Ireland) Act 1978.
F242F243X3Schedule 4 Relevant Tribunals for Purposes of Section 5(7)
Sch. 4: this version of this provision contains details of amendments coming into force on or after 8.5.1998 and before 14.3.2005 (repealed text is retained). For previous amendment history, please refer to earlier versions.
Sch. 4 inserted (5.9.1994) by 1994 c. 14, s. 1(3)
Sch. 4 substituted (14.3.2005) by The Parliamentary Commissioner Order 2005 (S.I. 2005/249), art. 3, Sch. 2
Sch. 4: entry inserted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art. 4(a)
Sch. 4: entries inserted (23.8.1996) by S.I. 1996/1914, art. 2
Entry in Sch. 4 substituted (19.8.1999) by S.I. 1999/2028, art. 4
Sch. 4: entry inserted (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 2, Sch. para.1
Sch. 4: entries inserted (23.8.1996) by S.I. 1996/1914, art. 2
Entries in Sch. 4 omitted (1.7.1999) by virtue of S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(6); S.I. 1998/3178, art. 3
30 Vict. c.17.
Entries in Sch. 4 deleted (13.4.2000) by S.I. 2000/739, art. 3
Entry in Sch. 4 substituted (14.5.2001) by 2000 c. 36, s. 18(4), Sch. 2 Pt. I para. 5 (with ss. 7(1)(7), 56, 78); S.I. 2001/1637, art. 2(b)
Entry in Sch. 4 inserted (1.12.2001) by S.I. 2001/3649, art. 275
Sch. 4: entry deleted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art. 4(b)
Words in Sch. 4 substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
Words in Sch. 4 in entry relating to “Meat Hygiene Appeals Tribunal”inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(6); S.I. 1998/3178, art. 3
Entry in Sch. 4 deleted (6.9.1999) by S.I. 1999/2028, art. 5
Sch. 4: entry deleted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art. 4(b)
6 & 7 Geo 6. c.39.
Words in the definition in Sch. 4 substituted (8.5.1998) by 1997 c. 66, s. 51(3); S. I. 1998/1028, art. 2
1 & 2 Geo 5. c.49.
Sch. 4: entry substituted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art. 4(c)
Sch. 4: entry inserted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art.4(a)
F244Adjudicators appointed under article 7 (1) (b) of the Criminal Injuries Compensation (Northern Ireland) Order 2002 F245
F246Agricultural Land Tribunals constituted under section 73 of the Agriculture Act 1947 F247.
F246Central Arbitration Committee constituted under section 259 of the Trade Union and Labour Relations (Consolidation) Act 1992 F248.
F249Appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998
F246Commons Commissioners constituted under section 17 of the Commons Registration Act 1965 F250.
F251Competition Appeal Tribunal constituted under section 12 of the Enterprise Act 2002.
F246Copyright Tribunal constituted under section 145 of the Copyright Designs and Patents Act 1988 F252.
F253
F254Court of the Lord Lyon provision for whose powers and constitution was made in the Lyon King of Arms Act 1592F232 and the Lyon King of Arms Act 1867F233.F255Tribunals constituted in Great Britain under regulations made under section 4 of theM6Vaccine Damage Payments Act 1979.F246Dairy Produce Quota Tribunal for England and Wales constituted under regulation 6 of the Dairy Produce Quotas Regulations 1984 F256 and continued in existence under regulation 35 of, and Schedule 6 to, the Dairy Produce Quotas Regulations 1994 F257.
F253
F254Dairy Produce Quota Tribunal for Scotland constituted under regulation 6 of the Dairy Produce Quotas Regulations 1984F234 and continued in existence under regulation 35 of, and Schedule 6 to, the Dairy Produce Quotas Regulations 1994F235.F258Information Tribunal constituted under section 6 of the Data Protection Act 1998.
F255 Social security appeal tribunals constituted under section 41 of theM7Social Security Administration Act 1992.F255Disability appeal tribunals constituted under section 43 of that Act.F246Employment Appeal Tribunal established under section 87 of the Employment Protection Act 1975 F259 and continued in existence under section 135 of, and Schedule 11 to, the Employment Protection (Consolidation) Act 1978 F260.
F261Financial Services and Markets Tribunal constituted under section 132 of the Financial Services and Markets Act 2000.
F253
F262Financial Services Tribunal constituted under section 96 of the Financial Services Act 1986F236.F246Foreign Compensation Commission constituted under section 1 of the Foreign Compensation Act 1950 F263.
F246Horserace Betting Levy Appeal Tribunal for England and Wales constituted under section 29 of the Betting, Gaming and Lotteries Act 1963 F264.
F246The Appeal Tribunal established for Scotland under section 29 of the Betting, Gaming and Lotteries Act 1963 which is known as the Horserace Betting Levy Appeal Tribunal for Scotland F265.
F246Independent Schools Tribunals for England and Wales constituted under section 72 of, and Schedule 6 to, the Education Act 1944 F266.
F253
F254Independent Schools Tribunals for Scotland constituted under section 100 of, and Schedule 2 to, the Education (Scotland) Act 1980F237.F246F267Employment Tribunals (England and Wales) established under regulation 4 of the F267Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993 F268.
F246F267Employment Tribunals (Scotland) established under regulation 4 of the F267Employment Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 1993 F269.
F246Insolvency Practitioners Tribunal referred to in section 396 of the Insolvency Act 1986 F270.
F253
F254Lands Tribunal for Scotland constituted under section 1 of the Lands Tribunal Act 1949F238.F246Meat Hygiene Appeals Tribunal constituted under regulation 6(2) of, and Schedule 15 to, the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 F271, regulation 6(2) of, and Schedule 21 to, the Fresh Meat (Hygiene and Inspection) Regulations 1995 F272 and regulation 5(2) of, and Schedule 12 to, the Wild Game Meat (Hygiene and Inspection) Regulations 1995 F273F274other than a Tribunal any of whose members was appointed by the Secretary of State for Scotland or by the Scottish Ministers.
F275 Medical appeal tribunals constituted under section 50 of that Act.F246Misuse of Drugs Advisory Body constituted under section 16(1) of, and Part II of Schedule 3 to, the Misuse of Drugs Act 1971 F276.
F246Misuse of Drugs Professional Panel constituted under section 16(1) of, and Part III of Schedule 3 to, the Misuse of Drugs Act 1971.
F246Misuse of Drugs Tribunal constituted under section 16(1) of, and Part I of Schedule 3 to, the Misuse of Drugs Act 1971.
F253
F277Pensions Appeal Tribunal for Scotland constituted under section 6 of, and the Schedule to, the Pensions Appeal Tribunals Act 1943F239.F246Pensions Ombudsman established under section 145 of the Pension Schemes Act 1993 F278.
F246Persons hearing consumer credit licensing appeals appointed under regulation 19 of the Consumer Credit Licensing (Appeals) Regulations 1976 F279.
F246Persons hearing estate agents’ appeals appointed under regulation 19 of the Estate Agents (Appeals) Regulations 1981 F280.
F246Plant Varieties and Seeds Tribunal F281(referred to in section 42 of the Plant Varieties Act 1997).
F246Reference Committees constituted under section 27 of the Forestry Act 1967 F282.
F246Registered Homes Tribunals constituted under section 40 of the Registered Homes Act 1984 F283.
F246Registered Inspectors of Schools Appeal Tribunals constituted under section 12 of, and Schedule 3 to, the Education (Schools) Act 1992 F284.
F246Rent Assessment Committees constituted under section 65 of, and Schedule 10 to, the Rent Act 1977 F285 and also known as Leasehold Valuation Tribunals for the purpose of determinations pursuant to section 21(1), (2) and (3) of the Leasehold Reform Act 1967 F286 as amended by section 142 of, and Schedule 22 to, the Housing Act 1980 F287 and section 91 of the Leasehold Reform, Housing and Urban Development Act 1993 F288 and as rent tribunals for the purpose of references pursuant to the provisions in Part V of the Rent Act 1977 F289 as amended by section 72 of the Housing Act 1980 F290.
F253
F254Rent Assessment Committees for Scotland constituted under section 44 of, and Schedule 4 to, the Rent (Scotland) Act 1984F240.F253
F254Scottish Land Court constituted under section 3 of the Small Landholders (Scotland) Act 1911F241.F291Special Educational Needs and Disability Tribunal
F292Traffic Commissioners appointed under section 4 of the Public Passenger Vehicles Act 1981 F293
Tribunals of Appeal constituted under section 109 of the London Building Acts (Amendment) Act 1939.
F246Valuation Tribunals established under regulation 3 of the Valuation and Community Charge Tribunals Regulations 1989 F294 as amended by regulation 5 of the Valuation and Community Charge Tribunals (Amendment) Regulations 1993 F295.
Sch. 1 (paras. 1-10) substituted (31.3.1995) for Sch. 1 (paras. 1-5) by 1993 c. 8, ss. 25, 31(2), Sch. 4 Pt. II para.2; S.I. 1995/631, art. 2